The amendments to the fundamental national document propose that courts should consist of not only judges but also of lay judges in accordance with the procedure established by law. Lay judges, just like traditional judges and courts, would be independent in the administration of justice.
Lay judges would be appointed by law to serve for a four-year term, but for not more than two consecutive terms, and dismissed from the office by the representative municipal body – the municipal council. Any Lithuanian national and other permanent residents of an administrative unit in Lithuania would be eligible for appointment as lay judges. In agreement with the Judicial Council, the Minister of Justice would define the necessary number of lay judges.
Mr Paulauskas believes that the proposal is aimed at reducing public mistrust in the judiciary, providing our society with the possibility to participate in the administration of justice, and promoting the objectivity, impartiality and diversity of court proceedings, and more effective protection of human rights.
The explanatory note to the document stipulates that the practical experience of countries, such as Belgium, Denmark, France, Finland, Sweden, and Germany, demonstrates that public contribution to the administration of justice is the highest when lay judges are granted the decisive vote and when they are able to process cases of carefully selected categories.
The explanatory note states that “the public opinion poll conducted by the Law Institute of Lithuania demonstrates that our society supports the introduction of lay judges into the Lithuanian judicial system. As many as 25.5% of respondents are convinced of the need for lay judges; whereas 17.6% of respondents consider lay judges unnecessary and further 29.9% do not have a position towards the issue.”
After the submission, a total of 52 Members of the Seimas voted for the amendments, with none against and 2 abstentions. Upon approval of the draft after the submission, it will be further deliberated in the lead Committee on Legal Affairs. The deliberations of the matter at the sitting of the Seimas are scheduled for 9 June 2016.
